Why Two Types Of Damages Work Differently

A brain injury caused by multiple negligent parties raises a question many people never anticipate. Can one defendant be forced to cover the entire award, or does each party only pay their own share? Nebraska law answers this differently depending on the type of damages involved.

The Statute That Splits Damages Into Two Categories

Under Nebraska Revised Statute 25-21,185.10, economic damages remain subject to joint and several liability among defendants, while noneconomic damages are subject to several liability only, meaning each defendant pays only their own proportional share.

What This Actually Means For Economic Damages

For losses like medical expenses, lost income, and future care costs, a single defendant can be held responsible for the entire amount of economic damages, even if that defendant was assigned a relatively modest percentage of fault, as long as another party involved cannot pay their share.

Why Noneconomic Damages Follow A Different Rule

Pain and suffering, loss of enjoyment of life, and similar noneconomic losses are divided strictly according to each defendant’s individual percentage of fault. This means a defendant found only partially responsible cannot be forced to cover another defendant’s share of noneconomic damages, even if that other defendant turns out to be judgment proof.

Why This Split Matters So Much In Brain Injury Cases

Brain injuries often generate enormous economic damages, including lifetime care costs, lost future earning capacity, and extensive medical treatment. Because these economic losses remain subject to joint and several liability, identifying every potentially responsible party becomes especially important when one defendant may lack the resources to pay their full share.

How Multiple Defendants Commonly Arise In These Cases

A brain injury can involve more than one negligent party in situations such as a multi-vehicle crash, a workplace accident involving both an employer and equipment manufacturer, or a medical situation involving several treating providers. Ausman Law Firm P.C., L.L.O. investigates every potential defendant in these multi-party brain injury cases from the outset. Each additional defendant adds another potential source of recovery for the economic damages portion of a claim.

What Evidence Helps Establish Each Party’s Share Of Fault

Because the ultimate distribution of damages depends on accurately establishing each defendant’s percentage of responsibility, gathering the right evidence matters considerably:

• Documentation identifying every party whose conduct contributed to the injury
• Records establishing each defendant’s specific role in causing the incident
• Financial information relevant to each defendant’s ability to satisfy a judgment
• Life care planning documentation projecting long-term economic losses

Applying This Rule To An Omaha Brain Injury Case

Because economic damages remain collectible from any one defendant while noneconomic damages do not, identifying every potentially liable party early can meaningfully affect what a family actually recovers. An Omaha brain injury lawyer can evaluate every possible source of liability given how catastrophic these damages tend to be.

Why This Distinction Affects Settlement Strategy

Because the practical value of pursuing an additional defendant depends on whether their liability falls under joint and several rules or several only rules, settlement strategy in a multi-defendant brain injury case requires careful analysis. An Omaha brain injury lawyer can help evaluate which defendants are worth pursuing and how the economics of the case actually work.

This split between economic and noneconomic liability rarely comes up in simpler injury cases, but it becomes especially important the moment more than one party shares responsibility for a catastrophic brain injury. If your family is dealing with a brain injury involving multiple potentially responsible parties in Omaha, reach out to our office to go over the details of what happened.